Revolutionary War Pension and Bounty Land Warrant Application File S. 6807, John Durdin, N.C.

SERVICE
NUMBER
N. 6
Durdin, John
S. 6807
Service No. 6 CONTENTS
carded

Mississippi B. 35
John Durdin.
of Session C. in the State of Mississippi who was a Private in the Co. commanded by Captain McLean of the Regt. commanded by Genl. Caswell in the N. Carolina line for one year.
Inscribed on the Roll of Mississippi at the rate of 40. Dollars 00. Cents per annum, commence on the 4th day of March, 1834.
Certificate of Pension issued the 3 rd day of July 1833 and sent to C. H. Mason Westville N.C.
  Arrears to the 4th of Mar.  33.  80. 00    Semi-ant. allowance ending 1 st Sept.  1833  20. 00     $100. 00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. B. Palmer Clerk, Book E Vol. 8 Page 57
Sum in letter Oct. 10. 1834 to P. Agt Letter to Gen. Agt & 3 rd Auditor 15 June 1841

13. 357 21629
John Durden Simpson County, Mississippi
(Return to)
Adm 1 year
Charles K. Brown Westville Simpson County Mississippi

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Durdins Simpson, City: Mississippi
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol. 1778 3 pr Capt. William Genl. Lord Howe N. Carolina 70 Gauls County, N. Carolina Voluntary   3 " Lieut. Pitman   1 year  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine sign.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the time, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what others the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

The State of Mississippi & In the Circuit Court Simpson County ss 4th October Term 1832
Declaration in order to obtain the benefit of the Act of Congress passed June 14th 1832. On this the fifteenth day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before the honorable Principis Juge of the second Judicial District Edward Turner of the of the State of Mississippi and now holding the October Term 1832 of the Circuit Court of the said County of Simpson and State aforesaid now sitting John Durdin a resident of the said County of Simpson and State aforesaid aged sixty years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 14th 1832.
That he the said John Durdin entered the service of the United States about the year 1818 as a volunteer commanded by Captain Williams under Gen. Richard Boswell in which company he served three months or more. That he was afterwards drafted and went out and served another tour of three months under Richard Boswell since and under Lieutenant Pitman. That he was frequently called out and went out to defend the country in time of excitement or danger that he was out in the service at different times but so long ago that he has forgotten where he marched or what the names of his officers. That he is confident he was engaged in the said service in all more than one year probably between one and two years. That he recollects of marching during said service to Newbern town in North Carolina, thence to Wilmington then Wilmington where they built a fort

That he was born and young at that time resided in Dunn County in the State of North Carolina That he stood as a minuteman a great part of the Revolutionary war, ready to go into the service when called on. He was in the service when the British marched through North Carolina & was at that time under the com- mand of Col. Lieutenant  William  Pitman and Gen. Caswell That he recollects that young Caswell was that he continued in this service until the close of the war taken by what was called the British. That he recollects the names of Lieutenant War- dell & Insign Smith with whom he served That he was born at the place above stated but has no record of his age. Lived Dunn County North Carolina when called into the service and have since lived in the State of Louisiana and the State of Mississippi.
That he the said John Durdin has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his ser- vice. And that he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State of the Union Sworn to and subscribed the day and year aforesaid. before
E. Thomas Presiding Judge of John his Durdin mark

Reahan 6807 am INVALID.
File No. 6807
John Durbin
in Rev War
Act: June 7 th 1832
Index:—Vol. 1 st , Page 104
[Arrangement of 1870.]

We William Morris a clergyman and Nathaniel Freeman both residing in the County of Simpson and State of Mississippi aforesaid do hereby certify that we are well acquainted with John Purdie who has subscribed and sworn to the above declaration, that we believe him to be seventy years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion Sworn to and subscribed the day and year aforesaid before
E. Turner Presiding Judge
Wm Morris N. Freeman

I John R. Hubert Clerk of the Circuit Court of the County of Simpson and State of Mississippi Miss- issippi do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Durair for a pension
In testimony whereof I have here- unto set my hand and seal of office this fifteenth day of October in the year of our Lord one thou- sand eight hundred and thirty two and in the fifty seventh year of American Independence.
John R. Hubert Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Mr. Morris who has signed the preceding certificate is a clergyman resident in the said County of Simpson and State aforesaid and that Nathaniel Greenlee who has also signed the same is a resident of the of the said County of Simpson and State aforesaid and is a credible person and that their statement is entitled to credit
E. Turner Presiding Judge

John Durdin Pensionary Declaration 1832
21529

The State of Mississippi In the Court of Probates Simpson County ss At May Term 1835
Supplementary declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832. On this twenty seventh day of May in the year 1835 personally appeared in open court before his honor Robert H. Layne Judge of the Court of Probates of the County of Simpson and State of said now setting John Darden a resident of the said County of Simpson seventy years of age who being first duly sworn according to law doth on his oath make the following declaration in addition to the one made by him in the Circuit Court of said County on the 15th day October 1832 which is herein to annexed in order to obtain the benefit of the act of Congress passed June 7th 1832. That in the year 1878 he the said John Darden volunteered and entered the service of the United States as a private soldier in the Revolutionary war under Captain Williams in what was then called Pender County in North Carolina and under Gen. Richard Caswell. but in what particular Regiment he served or by what Major or Col. he was commanded (by reason of old age and the consequent loss of memory he cannot now recollect) and served in the above named service as aforesaid during the period of three months with an embodied corps called into said service by competent authority. That during said three months of service he marched from the said Pender County to Newbern town in N.C. thence through the woods by the sea

board to Wilmington, where he remained with the army in said service for the said period of three months; during which time he and the other soldiers were engaged in building a fort near the mouth of Cape Fear River. And almost imme- diately on his return to Pender County he the said John Purdie was drafted by the officers of the United States and again entered said service and served as a private for the period of three months under Lieut. Genl. Pitman and Genl. Goswell, but that he cannot recollect the name of his regiment nor of his Major or Col. In which last mentioned tour he marched in said service from Pender County N.C. where he resided to Kingston N.C. thence to what was called the red banks and continued to serve in said war at that time for three months in addition to the three months service named in the former part of this declaration. That soon after he returned home to Pender County, say in the year 1779, or 1780, he again entered said service as a private soldier but that he does not recollect whether he volun- teered or was drafted under the same officers under whom he had before served to wit Lieut. Pitman and Genl. Goswell, but that he cannot recollect the number of the regiment in which he served or the names of his Col. or Major. In which last mentioned engagement in said service he continued and served with an embodied corps called into service by competent authority until the close of the said revolutionary war in which said last mentioned tour he thinks he served six months and in which he marched from Kingston to the red banks on Cape Fear River. That he recollects that he was in said service with the army between Kingston and Cape Fear River when the British march through that state on their march to Little York in the State of Virginia. That during all of said service he was in no considerable battles.

That he the said John Dardin was born about the year 1762 in Pante County North Carolina at which place he resided when shew he was called into said service. That he has no record of his age. That since the Revolutionary war he has lived in Pante County aforesaid, in the State of Georgia, in the State of Louisiana, and where he now lives in the County of Simpson in the State of Mississippi. That he received several written discharges from said service but by reason of old age he cannot recollect by whom they were given - all of which are long since destroyed and lost.
Sworn to & subscribed in open court the day and year aforesaid in Presence of Brewster H. Payne (John Dardin Mark) Judge of the Court of Probate for the County of Simpson
We James Courtney a clergyman and Alexander McCaskill both residing in the County of Simpson in the State of Mississippi do hereby certify on oath that we are well acquainted with John Dardin who has submitted and sworn to this declaration that we believe him to be seventy one years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolutionary war and that we concur in that opinion.
Sworn to & subscribed in open court the day and year aforesaid. before me James Courtney. Alexander McCaskill Brewster H. Payne — Judge of the Court of Probate for Simpson Co.
And the said court hereby declares their opinion after the investigation of the matter and after hearing the annexed declaration made by the said John Dardin in the Circuit Court of Simpson County aforesaid on the 15th day of October 1832. read and after putting the interrogatories prescribed by the war department that John Dardin the above named applicant was a revolutionary soldier and served as such.

And the said Court further certifies that it appears to said Court that James Cauntney who has signed the preceding certificate is a clergyman resident in the said County of Simpson and State aforesaid and that Alexander McCarroll who has also signed the same is a resident of said County and is a credible person and that their statement is entitled to full credit -
Brewster H. Fayn Judge of Probate for Simpson County Miss.
I Richard A. Hargis Clerk of the Court of Probates of the County of Simpson and State of Mississippi do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Durair for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 28th day of May in the year 1855.
R.A. Hargis Clerk
21629
John Durair of Simpson County, Miss. Pension Description Supplement #1855
C.H. Hargis

R. A. H. Virginia book
21629
John Purdie of Simpson County, Mi Persian Declaration Supplement 1855
C. H. Brannon